Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80399 of 2024 Arising Out of PS. Case No.-180 Year-2023 Thana- NAUHATTA District- Rohtas ====================================================== Santosh Kumar Son of Late Ram Hari Ram R/o Vill.- Bhangiya, P.O.- Baulia, P.S -Nauhatta, District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-04-2025 Heard Mr. Sanjay Kumar Tiwary, learned counsel for the petitioner and Mr. Uday Chand Prasad, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Nauhatta P.S. Case No. 180 of 2023, F.I.R. dated 12.11.2023 for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

3. According to prosecution case, informant is the wife of the petitioner and as per allegation in the F.I.R., the petitioner and other co-accused persons killed informant's daughter by strangulation who also happens be the daughter of the petitioner.

4. Learned counsel for the petitioner submits that submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as

Patna High Court CR. MISC. No.80399 of 2024(4) dt.17-04-2025 2/2 alleged in the F.I.R. In fact, the informant is not the eye witness and merely on the basis of the suspicion the petitioner has falsely been implicated in the case and in fact, the victim has committed suicide herself.

5. The learned Additional Public Prosecutor on the basis of material available on record and case diary has vehemently opposed the prayer for bail of the petitioner and submits that the witnesses have supported the prosecution story as mentioned in Paragraph 17 of the case diary. Apart from that the postmortem report of the victim suggests that cause of death is asphyxia caused by strangulation.

6. Considering the allegation as alleged in the F.I.R and the material available on record, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Nauhatta P.S. Case No. 180 of 2023 pending in the court of Judicial Magistrate, Dehri (Rohtas).

7. Prayer is refused.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U